Agmt 2000 Davis Street Community Center

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SECTION 6.05 JUDGMENTS If any final judgment for the payment of money that is not fully covered by liability insurance shall be rendered against Recipient, and within sixty (60) days shall not be discharged, or any appeal therefrom taken and execution thereon effectively stayed pending such appeal, and if such judgment be affirmed on such appeal, the same shall not be discharged within sixty (60) days. SECTION 6.06 RIGHTS UPON DEFAULT Upon default by Recipient, City has all remedies available to it under State law enforcing this Agreement and City's rights to the collateral mentioned herein including, but not limited to the following: a. Accelerate and declare the full balance immediately due on the Promissory Note and commence suit for collection thereof; b. Specifically enforce the terms of the Promissory Note and related agreements; c. Foreclose on any real property or appropriate personal property by strict foreclosure in equity; d. Pursue any and all other remedies available under law to enforce the terms of this Agreement. ARTICLE VI1: MISCELLANEOUS SECTION 7.01 WAIVER OF NOTICE No failure or delay on the part of City in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification or waiver of any provision of this Agreement nor any consent to any departure by Recipient therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Recipient in any case shall entitle Recipient to any other or further notice or demand in similar or other circumstances. SECTION 7.02 AMENDMENTS -WRITING REQUIRED The City hereby expressly reserves all rights to amend any provisions of this Agreement, to consent to or waive any departure from the provisions of this Agreement, provided, however, that all such amendments be in writing and executed by City and Recipient. SECTION 7.03 NOTICES All notices, consents, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given to a party hereto if mailed by certified mail, prepaid, sent by Federal Express, or sent by facsimile machine (with original document 10